EEA family visa denied - what now

[Melanie1310]

My fiancé and I applied for an EEA family permit 1,5 months ago.
My fiancé is from the Philippines and I am from Germany.
We are engaged since May 2012 and have a living together agreement from a notary.
We were both working for the same cruise line and unfortunately it was not possible to be on the same ship together at all times. This is the reason that was given to us why the visa was denied.
They state we didn't submit enough evidence to prove we are in a durable relationship.

We were together in the same places for 13 months and 15 days. The rest of the time we were on separate locations but in contact several times a day via email, facebook messenger, skype and phone. During a six months contract on separate ships we saw each other twice a week while our ships were in the same port.

We have the option to appeal this decision and I would like to know if anyone has experience with that and how the chances are.
I don't understand that these people think a relationship stops when you are not in the same room.

Thanks Melanie

[Casa]

As a fiance isn't considered to be an extended family member under EEA regulations the application can only be considered under a durable relationship. This is what the Entry Officer takes into consideration:
The ECO will have to consider factors such as the length of cohabitation, joint finances, whether the couple has children together to establish whether or not the relationship is durable.

The equivalent under UK rules would be evidence of at least 2 years of continual co-habitation in a relationship 'akin to marriage'. i.e not 'boyfriend/girlfriend'. (A short break of a few months is usually allowed). The 2 year mandatory rule under UK rules may be slightly less rigid under EEA rules, i.e it might be won at appeal if it was refused purely on length of co-habitation. However, your problem appears to be that you have no documented proof of joint address apart from being on the same cruise ship, with no joint commitments such as tenancy or mortgage, bank or savings accounts etc.
If you are engaged, why not marry and apply for a family permit?

[Melanie1310]

thank you for your answer. i thought about additional documents. My fiancé is named as my emergency contact at work and also the beneficiary for my life insurance. We are trying to get confirming documents from our previous landlords that both of us rented the houses we lived in during our time in the Philippines. Not sure if that would convince them. Getting married is our plan!!! Always was. unfortunately not so easy at the moment. I am planning to fly to the Philippines for 2 weeks soon and we will try to get married then. I am a little bit concerned that the officers deciding our case might think it would be a marriage of convenience. I read it before that this happened to others.
to be honest i am not sure what to do. i thought if we appeal the oral way i could go there and just tell them about our relationship and that the ship situation and not being together all the time is the reason why we want to settle in the UK, to have a normal life.
i contacted several solicitors to get help, but the prices are ridiculous!
I thought i might get some advice here from others who have been in the same situation
Thanks!